Madhya Pradesh High Court
Smt. Sapna vs The State Of Madhya Pradesh on 26 November, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-57758-2021
The High Court Of Madhya Pradesh
MCRC No. 57758 of 2021
(SMT. SAPNA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
1
Gwalior, Dated : 26-11-2021
Shri Prashant Sharma, learned counsel for the applicant.
Shri Gopal Chaurasia, learned Public Prosecutor for the
respondent/State.
This is first bail application under Section 438 Cr.P.C. The applicant is a lady aged about 35 years is before this Court seeking protection against arrest in connection with Crime No.727/2021 registered at P.S., Ambah, District Morena for the offence punishable under Sections 498-A, 304-B, 34 of IPC and sections 3 & 4 of the Dowry Prohibition Act.
As per prosecution story, the deceased Shivani married to co-accused Atul on 6.2.2018 committed suicide on 18.5.2021 hanging by noose at her parents house. She has left behind the suicide note making acquisitions against the applicant and other family members of mental harassment and physical assault etc. Accordingly, the case has been registered against the applicant.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the offence. Applicant has no criminal antecedents. Investigation is complete. She is not required for custodial investigation. Even on merits, it is submitted that applicant is working lady as a teacher posted at Kasturba Gandhi Residential Girls School Bah, District Agra. She has never staying with the deceased or her husband at Ambah, Morena. Infact the deceased after her marriage has been living in her parents place at Ambah Morena, where she committed suicide. As such there is no proximity of the applicant with the deceased in any manner whatsoever. Her name in the suicide note is of the nature of the omnibus allegation which has no substantial basis. It is submitted that infact the deceased and her husband have not been maintaining good relations 2 MCRC-57758-2021 therefore, the husband had filed a suit for divorce under section 13 of Hindu Marriage Act on the ground of adultery etc. and thereafter both of them filed an application for seeking consent decree of divorce by filing a joint application under section 13B of Hindu Marriage Act. The husband has also agreed to pay Rs.14 Lakhs in lump-sum to the deceased towards full and final settlement. It is further submitted that applicant is a lady and she is mother of two children. If she is not protected she shall suffer social indignation and mental torture.
Per contra learned counsel for State opposes the bail application supporting the order impugned relying heavily upon the alleged suicide note left behind by the deceased where the name of the applicant is mentioned, but with no specific act or overtact attributed to her. There is also no dispute that deceased has been staying in her parents house since 2018 and did not live with her husband. He also fairly submits that there are no criminal antecedents and investigation is complete.
Upon hearing learned counsel for the parties, this Court though refrains from commenting upon the rival contentions advanced, touching merits of the case, however, regard being had to the fact that the applicant is a lady residing distinctly at Kamla Nagar, Agra, District Agra and working at Kasturba Gandhi Residential Girls School Bah, District Agra the dispute or differences, if any, of the deceased with her husband or in-laws rendering her to live separately at her parents place in 2018. Prima facie for want of proximity of the applicant with the deceased, this Court is of the view that the applicant is entitled for protection against his arrest.
Accordingly, the instant application is allowed and it is directed that in the event of arrest, present applicant be released on bail on his furnishing personal bond in the sum of Rs.1,50,000/- (Rs. One Lakh Fifty Thousand only) with one solvent surety of the same amount to the satisfaction of the Arresting Authority (Investigation Officer) with following further conditions :-
(i) the applicant shall mark her attendance before the concerned
3 MCRC-57758-2021 police station on 2nd Saturday every month between 10:00 a.m. to 12:00 noon.
(ii) the applicant shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene etc., to avoid proliferation of Novel Corona Virus (Covid-19).
(iii) the applicant shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
(iv) violation of conditions, State is free to apply for cancellation of bail.
Learned Public Prosecutor is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.
E-certified copy as per rules.
(ROHIT ARYA) JUDGE Pawar ASHISH PAWAR 2021.11.26 17:23:02 +05'30'